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CC RES 2008-002 RESOLUTION NO. 2008-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL AND OVERTURNING THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE,THEREBY APPROVING CASE NO. ZON2007-00143 FOR NEW SINGLE -FAMILY RESIDENCE AT 30057 VIA VICTORIA (LOT 12, TRACT 52666) AS APPROVED BY THE DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT ON SEPTEMBER 7,2007. WHEREAS, on September 4, 2001, the City Council adopted Resolution No. 2001-70 making certain environmental findings in association with Mitigated Negative Declaration / Environmental Assessment No. 708, and adopted Resolution No. 2001-71 approving, with conditions,Tentative Tract Map No.52666 and Grading Permit No.2282 to allow the land division of a 3.92 acre lot into thirteen (13) residential lots in the City's designated RS-4 zoning district; and, WHEREAS, on March 4, 2003 the City Council authorized the recordation of Final Tract Map No. 52666; and, WHEREAS,on February 12,2004,Tract Map No.52666 was recorded with the Los Angeles County Recorder's Office and on April 19, 2004 the project related grading began; and, WHEREAS, on March 27, 2007, a Site Plan Review application (hereinafter referred to as Case No.ZON2007-00143)was submitted to allow the construction of a new split-level single-family residence on Lot 12 of Tract Map No. 52666 (30057 Via Victoria); and, WHEREAS, upon the submittal of additional information Case No. ZON2007-00143 was deemed complete by Staff on July 10, 2007; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"),the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), and the City Council adopted Mitigated Negative Declaration for the subject Tract, Staff found that the approval of the proposed residence on Lot 12 of Tract Map No.52666 will not introduce new environmental impacts or intensify previously identified impacts, as stated in the City Council Adopted mitigated Negative Declaration; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Municipal Code, on September 7, 2007, the Director of Planning, Building and Code Enforcement reviewed Case No. ZON2007-00143 and conditionally approved said Case, and a Notice of Decision was prepared and distributed to all interested parties; and, WHEREAS, on September 25, 2007,within fifteen (15)days following the Director's Notice of Decision, Peter Rustin, representing the appellants,Andrew and Melanie Mottram,filed an appeal to the Planning Commission requesting that the Planning Commission modify the Director's approval and cause the height of the proposed residence to be reduced by three feet, so as to preclude any potential view impairment from the Mottrams' residence; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code,the Planning Commission held a duly-noticed public hearing on November 13, 2007, at which time all interested parties were given an opportunity to be heard and present evidence regarding the appeal. After considering all public testimony and discussing the merits of the project, the Planning Commission approved the appeal. Thus, on November 27, 2007 the Planning Commission adopted P.C. Resolution No. 2007-66, thereby overturning the Director's decision and denying without prejudice a Site Plan Review for a new single-family residence on a vacant lot located at 30057 Via Victoria (Lot 12, Tract 52666); and, WHEREAS, on November 28, 2007, an appealed was filed by the subject property owner and developer of the tract (3200 PV Drive West LLC) requesting that the City Council overturn the Planning Commission's decision; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly-noticed public hearing on December 18, 2007, at which time all interested parties were given an opportunity to be heard and present evidence regarding the appeal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: As indicated in the Memorandum to the Director dated September 7, 2007, incorporated herein by reference,the proposed project complies with the requirements and findings set forth in the Development Code for Site Plan Review applications with Neighborhood Compatibility. Section 2: The City Council makes the following findings of fact with respect to Case No. ZON2007-00143, the requested Site Plan Review Permit with the Neighborhood Compatibility Finding, to allow the construction of a new 5,998 square-foot split-level single-family residence on Lot 12, Tract 52666: A. The new single-family residence is compatible with the scale of surrounding residences, including total square footage and lot coverage of the residence and all ancillary structures, because the resulting structure size is not a substantial deviation from the characteristics in the immediate neighborhood and is compatible with the immediate neighborhood. Specifically,although the proposed structure is 320 square feet larger than the largest home (7401 Alida Place), it happens to be on the lot immediately down-slope from the subject lot. Further, the subject property is 5,588 square feet larger than the average lot size in the immediate neighborhood,and with the exception of two other parcels,the subject property is the largest parcel in the immediate neighborhood. Lastly, the residence complies with the development standards set forth in the approval of the subdivision with regards to size, height, setbacks and lot coverage. B. The proposed residence is compatible with the character of the immediate neighborhood with respect to architectural style,structure height,open space, roof design, bulk and mass, number of stories, and building material in that the residence will be a one-story home designed to resemble a Mediterranean/Spanish Colonial Revival architectural style in a neighborhood that has varying architectural styles, including that which is similar to the proposed residence. The proposed residence incorporates design elements found throughout the immediate neighborhood, including a smooth stucco façade, a stone veneer finish, earth tone colors, wood windows and doors, moldings and keystones, wrought iron accents, and terra cotta colored roof tiles. The roof will be constructed at a 3:12 pitch, and will be one-story, built at a maximum height of 14-feet, as measured from the point where the highest foundation meets grade(382')to the highest roof ridgeline(396'). The proposed residence complies with the Council adopted tract conditions that limit the structure's height to a maximum elevation of 396-feet and a project condition ensures that the structure's height does not exceed the 396-foot elevation. Lastly,since the subject property is a flag lot, whereby the buildable area is behind another approved residence,the resulting structure will Resolution No. 2008-02 Page 2 of 3 not be readily visible from the street; and the situation is made more discreet by the topography of the area, since the property and structure are at lower elevations than the street. C. The proposed residence is compatible with the immediate neighborhood in terms of front, side and rear yard setbacks in that the residence is situated at or exceeds the minimum setbacks for the neighborhood's RS-4 zoning designation and meets the setback requirements stated in the Council adopted tract conditions. Further,the proposed setbacks are consistent with the setbacks of other residences in the immediate neighborhood and do not deviate from established setback patterns in the immediate neighborhood. Section 3: For the foregoing reason and based on the information and findings included in the Staff Report, Minutes and other records of proceedings,the City Council of the City of Rancho Palos Verdes hereby approves the appeal to overturn the Planning Commission's decision denial without prejudice, thereby approving Planning Case No. ZON2007-00143 a Site Plan Review application for new 5,998 square foot split-level single-family residence on a vacant parcel located at 30057 Via Victoria as approved by the Director of Planning, Building and Code Enforcement on September 7,2007, subject to the conditions of approval in Exhibit'A',attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare. Section 4: The time within which the judicial review of the decision reflected in this resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, APPROVED, AND ADOPTED this 16th day of January 2008. fillb Mayor ATTEST: ( 5//11-k-LL.4. City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2008-02 was duly and regularly passed and adopted by the said City Council at a regular meeting held on January 16, 2008. City Clerk Resolution No. 2008-02 Page 3 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. ZON2007-00143 (SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY) GENERAL 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The approval shall become null and void after six (6) months from the date of final action by the City, unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process. 3. All mitigation measures contained in the adopted Mitigated Negative Declaration (Resolution No. 2001-70) shall be incorporated into the implementation of the proposed project and adhered to, and are incorporated herein by reference. 4. All tract conditions as adopted by the City Council, as set forth in Resolution 2004-90, shall remain in full force and effect. 5. The applicant shall be responsible for all costs incurred in the review of plans or monitoring of construction related activities, as described herein. 6. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. 7. In the event that a Planning requirement, tract map condition, and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 8. All applicable permits required by the Building and Safety Division shall be obtained by the applicant. 9. All applicable soils/geotechnical reports required by the Building and Safety Division shall be obtained by the applicant, and reviewed and approved by the City's Geotechnical Consultant prior to grading or building permit issuance. 10. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction shall be permitted on Sundays or on legal holidays. 11. The project silhouette shall be removed no later than seven (7) calendar days following the date of this decision, unless an appeal is filed. If an appeal is filed, the project silhouette shall remain in good standing until a final decision has been rendered. 12. The construction site and neighboring public and private properties shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but is not limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 13. The project site shall be securely enclosed with a temporary construction fence, not to exceed six (6) feet in height, during the duration of construction. Said fencing shall be removed prior Resolution No.2008-02 Exhibit A to issuance of the Certificate of Occupancy by Building and Safety. GRADING 14. The amount or earth movement shall not exceed 20-cubic yards of combined cut and fill (proposed: 18 cubic yards). 15. The height of cut or fill, and any garden wall, located around the perimeter of the subject lot shall not exceed 2'-11". 16. The existing and future retaining walls, approved as part of the overall tract grading, shall be finished in earth tone colors matching the main building's facade and shall be screened with landscaping to the satisfaction of the Director of Building, Planning, and Code Enforcement. MISCELLANEOUS 17. The residence shall not exceed a total of 5,998 square feet, including habitable and non- habitable floor area. A SQUARE FOOTAGE CERTIFICATION PREPARED BY A REGISTERED SURVEYOR INDICATING THAT THE NEW RESIDENCE DOES NOT EXCEED A TOTAL OF 5,998 SQUARE FEET, SHALL BE SUBMITTED TO THE BUILDING AND SAFETY DIVISION, AFTER THE FIRST FLOOR SHEATHING. 18. The lot coverage requirement for the subject property located in the RS-4 zoning district shall not exceed 50%. The proposed Lot Coverage is 40.8%. 19. The proposed one-story structure shall not exceed 14-feet in height as measured from the highest finished grade covered by structure (382') to the highest roof ridgeline (396') and 26- feet in height as measured from the lowest finished grade covered by structure (370') to the highest roof ridgeline (396'). The highest roof ridgeline, including architectural features, shall not exceed an elevation height of 396-feet. A BUILDING HEIGHT CERTIFICATION, PREPARED BY A REGISTERED ENGINEER, SHALL BE SUBMITTED TO THE BUILDING AND SAFETY DIVISION, PRIOR TO THE ROOF SHEATHING INSPECTION. 20. All architectural features located on the roof shall not exceed an elevation height of 396-feet. 21. The proposed chimney stacks shall be redesigned and reduced in height subject to review and approval by the Director of Planning, Building and Code Enforcement prior to Plan Check submittal. 22. A separate planning approval shall be obtained for the future location of a pool/spa and related mechanical equipment. 23. The following minimum setbacks shall be maintained for the proposed residence: Front Yard: 20'-0" minimum (proposed: 20'-0") Rear Yard: 15'-0" minimum (proposed: 40'-0") Side Yard (north): 10'-0" minimum (proposed: 20'-0") Side Yard (south): 10'-0" minimum (proposed: 10'-0") A SETBACK CERTIFICATION SHALL BE PREPARED BY A LICENSED SURVEYOR AND SUBMITTED TO THE BUILDING AND SAFETY DIVISION, INDICATING COMPLIANCE Resolution No.2008-02 Exhibit A Page 2 of 3 WITH THE APPROVED SETBACKS PRIOR TO A FOUNDATION INSPECTION. 24. A minimum of a three-car garage shall be maintained at all times with each space being individually accessed and each maintaining a minimum unobstructed dimension of 9-feet-wide by 20-feet-deep by 7-feet-vertical clearance, as measured from the interior finished walls (proposed: three-car garage). 25. The proposed driveway shall not exceed a maximum gradient of 20%, as required by the City's Development Code. 26. Prior to the issuance of a Certificate of Occupancy for the subject residence, the project applicant shall correct the "dip" between the driveway approach and the street (Via Victoria) in accordance to the street improvement plans reviewed and approved by the City's Department of Public Works. 27. The proposed residence shall be finished in an earth tone color, as deemed acceptable by the Director of Planning, Building, and Code Enforcement, prior to the Certificate of Occupancy by Building and Safety. 28. The final architectural features shall be reviewed and approved by the Director of Planning, Building, and Code Enforcement prior to the issuance of grading or building permits. 29. The trash enclosure shall be visibly screened from neighboring properties and the public right- of-way prior to issuance of the Certificate of Occupancy by Building and Safety. 30. All mechanical equipment, including but not limited to air conditioning condenser units, shall be no closer than three (3) feet from the interior side and rear property lines and shall not exceed 6' in height. Said equipment shall be adequately screened from the neighboring properties and the right of way. If said mechanical equipment is less than 5-feet from property line, then said mechanical equipment needs noise analysis to show it is less than 65dba. 31. No mechanical equipment shall be permitted on the roof. 32. All foliage on this lot shall be maintained not to exceed an elevation of 396-feet (the highest roof ridgeline) and the requirements stated in Condition No. 13 (Development Standards for Individual Lots)of Tract Map No. 52666. 33. No solid walls shall be located along the south side property line with exception of existing and proposed retaining wall. Privacy fencing located along the south side property line shall be 80% open to light and air, unless otherwise approved by the Director of Planning, Building and Code Enforcement. 34. Prior to issuance of grading permits, the property owner shall obtain approvals by the City of an Urban Stormwater Plan that is in conformance with the requirements of the National Pollutant Discharge Elimination System (NPDES). 35. No outdoor lighting shall be permitted that is directed towards a parcel of property other than that upon which such light source is physically located. Additionally, no lighting shall be permitted where the light source or fixture, if located on a building, above the line of the eaves, or if located on a standard or pole, more than ten (10) feet above grade. Individual, non- reflector, incandescent light bulbs shall not exceed 150 watts per bulb or an aggregate of 1,000 watts for a lot. Resolution No.2008-02 Exhibit A Page 3 of 3